Wait for clarity on lifeguard legality could be a long one

Published: Monday, July 15, 2013 at 08:07 PM.

“I know that some [inaudible] districts are doing a little wordsmithing and trying to make it happen, but that is in court right now because other people do not believe it is legal.”

Thomas said Thursday he was confused by the legalese and misspoke when he described what happened as a pending lawsuit. Tunnell said he “knew that it was an issue to be resolved.”

Bay
County
Tourist Development Council (TDC) Director Dan Rowe was not aware of any pending lawsuits against TDCs anywhere challenging the practice.
Okaloosa
County
spo
k
esw
o
m
a
n Kathy Newby said was not aware of any lifeguard-related lawsuits against the service, the county or the TDC.

“We continue to fund [lifeguards] because we feel like it is — the
county
fe
els like it is — a use for those funds,” Newby said.

Arline, who declined an interview, merely recommended the
county
wait and see what happened in Okaloosa.
Bay
County
spokeswoman Valerie
Sale
said he made the statement with the expectation that
Okaloosa
County
would follow up on a state auditor general’s (SAG) recommendation to seek an opinion from the Attorney General’s Office (AGO).

PANAMA CITY — Countyofficials wondering whether it’s legal to use bed tax revenue to pay for lifeguard services are looking at a situation in OkaloosaCountyfor guidance.

CountyAttorney Terrell Arline urged the Bay County Board of CountyCommissioners at a July 2 meeting to wait until OkaloosaCounty resolved a conflict with the state before exploring the possibility of using bed tax money to pay for lifeguards.

“I think in the next … few months we’ll know for sure,” Arline said during the July 2 meeting. “The state will take a position on whether you can use these funds. Right now it’s a question.”

There is a question of whether using bed tax revenue to pay for lifeguards, as is the case in Walton and Okaloosa counties, is legal; Florida statute prohibits spending bed tax money on public safety but allows the funds to be used to attract tourists.

Walton and Okaloosa counties have passed resolutions saying lifeguards services are part of promoting the beaches there as a safe tourist destination.

Before the meeting was over, commissioners on both sides of the debate made statements indicating they believed court proceedings in OkaloosaCountywould sort out the legality.

Commissioner Guy Tunnell, who has come out in support of providing lifeguards at popular public access points, referred to what happened in OkaloosaCounty as a “pending case.” Commissioner Mike Thomas, who has said he is not opposed to lifeguards but is opposed to funding them with tax dollars, said it’s “in court right now.”

“I know that some [inaudible] districts are doing a little wordsmithing and trying to make it happen, but that is in court right now because other people do not believe it is legal.”

Thomas said Thursday he was confused by the legalese and misspoke when he described what happened as a pending lawsuit. Tunnell said he “knew that it was an issue to be resolved.”

BayCounty Tourist Development Council (TDC) Director Dan Rowe was not aware of any pending lawsuits against TDCs anywhere challenging the practice. OkaloosaCountyspokeswoman Kathy Newby said was not aware of any lifeguard-related lawsuits against the service, the county or the TDC.

“We continue to fund [lifeguards] because we feel like it is — the countyfeels like it is — a use for those funds,” Newby said.

Arline, who declined an interview, merely recommended the county wait and see what happened in Okaloosa. BayCounty spokeswoman Valerie Sale said he made the statement with the expectation that OkaloosaCounty would follow up on a state auditor general’s (SAG) recommendation to seek an opinion from the Attorney General’s Office (AGO).

OkaloosaCounty

After the director of the OkaloosaCounty Tourism Development Council (TDC) committed suicide amid questions about misuse of TDC funds, the SAG conducted a special audit. The SAG cited a 1990 attorney general’s opinion in a preliminary report in December 2012 saying the county should restore to TDC coffers more than $2 million that had been spent on lifeguard services.

OkaloosaCountypushed back, citing a 1996 amendment to the law that allows for bed-tax revenue to be spent on an event, activity, venue or service if the purpose is to attract tourists. They obtained independent opinions from two law firms that believed what they were doing was legal.

“The [Okaloosa Board of CountyCommissioners] believes that the provision of a safe environment for the attraction of visitors to the area is an essential component of the promotion of tourism to the area,” a written response says.

SAG’s final report reflected a softened stance, recommending the countyseek another opinion from the attorney general’s office, and, if the AGO said lifeguards are not a proper use for bed-tax revenue, restore the money.

A spokesman for the attorney general’s office said the office had not received a request from OkaloosaCounty for an advisory opinion on the issue since SAG’s final report was released early this year, so no opinion is forthcoming.

SAG has no authority to enforce its recommendations, though in cases such as the one in OkaloosaCountywhere a special audit was conducted, the office is legally required to follow up to report progress or lack thereof on the recommendations.

There’s a lot at stake for OkaloosaCounty if it seeks the recommended legal opinion. If the AGO determines that lifeguard service is a legal use of bed tax dollars, the countywould be vindicated. But, if the AGO finds the practice is in violation of the law, OkaloosaCounty could be on the hook for the nearly $2 million.

It’s not clear whether the OkaloosaCountyCommission will risk $2 million for that vindication, but it hasn’t yet.

“It might be something that they don’t want to find an answer to,” Tunnell said.

If OkaloosaCounty doesn’t seek the opinion, maybeBayCounty could, he added.